LThe holder of social housing cannot believe that he is released from his obligations towards his landlord, because he has left the premises, in which his descendants have settled. Otherwise, he risks suffering the same misfortune as Mr. X.
In June 2001, he and his wife rented an apartment from the social landlord France Habitation, which later became Seqens. They lived there with their daughter, A, born in 1989, and their son, B, born in 2000. In 2011, Mr X left the marital home, but without giving notice, so he remained joint tenant of the lease. On 17 June 2016, Mrme X, who now lives there with his only son, dies of cancer.
Mr. X, although he no longer lives in the accommodation, has an exclusive right to the lease, under Article 1751 of the Civil Code. However, he could waive this exclusivity, request the transfer of the contract to his son, who wishes to remain in the premises, and then give notice.
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The young man would be entitled to the transfer, under Article 14 of the law of 6 July 1989, aimed at improving rental relations, because he lived in the premises for a year before his mother’s death. But he would certainly not meet the resource conditions provided for in Article 40 of the same law, since he is still a minor and does not work.
Solution bancale
His sister would meet the resource conditions, but not the one-year cohabitation requirement. On June 22, 2016, the family therefore opted for a shaky solution: Mr. X signed an amendment stipulating that he had become “sole tenant of the apartment”, although he does not occupy it. His daughter and her husband come to live there with the young boy, even though they are not allowed to. They regularly pay the rent of 685 euros.
Alas, in January 2018, the landlord carried out, as he was required to do, an investigation into the tenants’ income. Mr. X announced that he received 40,838 euros per year, but he did not provide any information on the three occupants. The landlord then applied a “surcharge of solidarity rent », called “surcharge”, provided by law for those whose resources exceed the authorized ceiling by more than 20% or who do not provide the requested information. The new rent amounts to 2,633 euros.
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A, who cannot afford it, only pays the old one. The lessor therefore summons Mr. X, as required by Article L441-11 of the Construction and Housing Code, under penalty of a financial penalty. In 2019, he claims 56,387 euros from him. The children voluntarily intervene in the proceedings and request that the lease be transferred, a posteriori, to B. They claim that the latter should have benefited from it upon his mother’s death. The court opposes this, since the father never gave his notice. It orders the latter to pay his debt in installments.
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